No good deed goes unpunished, as they say. Coal miner Reuben Shemwell reported to MSHA safety violations at a coal mine owned by Armstrong Coal. He later was fired and filed a discrimination complaint with MSHA claiming that he was fired in retaliation for reporting the safety violations. Although an administrative law judge ordered that Shemwell be reinstated temporarily, MSHA ultimately determined not to go forward with Shemwell's complaint at which point -- guess what -- Armstrong Coal sued Shemwell alleging that he had filed a frivolous complaint with MSHA.

This retaliation caused MSHA to again take up Shemwell's case, because the Mine Safety Act prohibits retaliation against a coal miner that in good faith reports safety violations to MSHA.

The key for both Shemwell and the coal company is whether they acted in good-faith. An employee that reports what he or she believes in good-faith to be a safety violation has protection against retaliation, even if the incident or condition proves ultimately not to be unlawful. But the key is good-faith.